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STATE v. THOMSEN

719 A.2d 1288 (1998)

316 N.J. Super. 207

STATE of New Jersey, Plaintiff-Respondent, v. Curt THOMSEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 1, 1998.

Attorney(s) appearing for the Case

Michael N. Pedicini, Morristown, for defendant-appellant (Susan Brody, Assistant Deputy Public Defender, with Mr. Pedicini, on the brief).

Gary H. Schlyen, Chief Assistant Prosecutor, for plaintiff-respondent (Ronald S. Fava, Passaic County Prosecutor, attorney; Mr. Schlyen, of counsel and on the brief).

Before Judges KESTIN, WEFING and CARCHMAN.

The opinion of the court was delivered by KESTIN, J.A.D.

Based on evidence of defendant's conduct on November 27, 1993, a jury found him guilty of eluding the police in a motor vehicle. The verdict sheet required the jury, upon a finding of guilt, "to indicate whether it is a 4th degree crime or a disorderly persons offense." The jury found "eluding (4th degree crime) creating a risk of death or injury to any person." See N.J.S.A. 2C:29-2b.

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